


Booyah, Fordham Law

by skittle479



Category: Law & Order: SVU
Genre: Other
Language: English
Status: Completed
Published: 2015-07-09
Updated: 2015-07-09
Packaged: 2018-04-08 12:23:01
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 6,087
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/4304901
Author URL: https://archiveofourown.org/users/skittle479/pseuds/skittle479
Summary: <blockquote class="userstuff">
              <p>Sonny takes part in a mock trial at night school. He tackles the challenge head on with enthusiasm, that is until he discovers who is the presiding judge for the trial.</p>
            </blockquote>





	Booyah, Fordham Law

**Fordham Law, Monday 20th April 2015 11.00**

Sonny’s leg twitched nervously. He had been looking forward to this for a long time. His criminal law class was conducting their very first mock trial and Sonny had already secured the role of the prosecutor. I’m definitely going to win this, he thought confidently. He glanced over to the desk next to him, where his opponent and study partner sat. Molly Myles was twenty-six years old, petite, and had the shiniest chestnut-colored hair Sonny had ever seen. There was something seductive about her; perhaps it was her sensitivity or simply her good will, but Sonny was convinced that her gentle nature would not make her a formidable adversary.

The class professor, Charles Harvey swept into the room. “Alright, kids! I know a lot of you have been looking forward to this for a while. As you know, we already have volunteers for our starring roles. However there are many supporting roles that still need to be filled!” He held up a pile of envelopes, “Here I have some character profiles, for those of you who would like to take part in this endeavor. Please feel free to come up and select one. They are only marked male and female.” Once the scramble for an envelope and the inevitable exclamations of dismay at the selected roles had settled, Professor Harvey continued.

"No complaining or swapping roles,“ Harvey demanded. "This is a simulation of what you will expect to encounter in the real world and out there you don’t get to ‘pick the vic’. Mr. Carisi, Miss Myles, I have a list of witnesses you will be allowed to call. Some you may wish to use, some you may not. You have one week, make the most of it. I will see you back here, same time, same place.”

Sonny glanced down at the list of roles and noticed that there wasn’t a judge listed. "Professor, are you gonna be the judge?“

"No Mr. Carisi,” said Harvey, “we have a special guest who will play the part of the judge, so I expect your best work next week. Don’t let me down!”

Sonny and Molly looked at each other and grinned excitedly. “Oh it’s on,” Sonny said, goading her. Molly simply scoffed, tossed her hair over her shoulder and set off to identify her witnesses.

 

**Apartment of Sonny Carisi, Monday 27th April 2015 06.00**

Today was the big day. Sonny was up early and ready to test himself in court. He stood in front of his closet, still dripping from his shower. If he had learned anything about going to court from Rafael Barba, it was dress to impress. Sonny pulled out his favourite suit and laid it across a chair. Better eat breakfast, don’t need to ruin my shirt first thing in the morning, thought Sonny.

Sonny pulled out his notes and spread them across the kitchen table. Then, he grabbed a clean bowl, filled it with Cheerios, sat down and started reading his opening argument. It was only after his third bite that he noticed that there wasn’t any milk in the cereal.

Rolling his eyes, Sonny filled the bowl with milk and shoveled the remaining Cheerios into his mouth. He checked the time and then he quickly gathered his notes and stuffed them into a satchel. Maybe he would concentrate better with some fresh air. He wasn’t sure why but he was starting to feel rather nervous about the day’s events.

 

**Fordham Law, Monday 27th April 2015 09.00**

Sonny entered the seemingly empty classroom early, feeling more confident and rejuvenated by the long walk and a very strong cup of coffee. He stood in the back momentarily, getting his footing. The space had already been arranged to represent a courtroom. At the head of the room there was a large desk and chair for the judge and adjacent to it was a witness stand comprised of a single chair. Twelve chairs sat to the right for the jury. There were two other smaller desks directly in front of the large desk: one for the prosecution and one for the defense. As he approached the attorney tables, Sonny spotted Molly’s tiny figure, hunched over a stack of books. She looked apprehensive. Seeing his normally self-sufficient, easy going friend appear slightly rattled made him feel self-assured for a moment, only before giving way to guilt. After dropping his satchel on the prosecution table, he walked over to the defense table, pulled up a chair and smiled at Molly.

Without looking at him, she asked quietly, “How did I let you talk me into this? ‘This will be fun,’ you said!” She looked directly into his eyes, her nervous anger manifesting in the volume of her voice. “How is humiliating myself in front of Professor Harvey and everyone in our class going to be fun?”

Sonny at least had the decency to look ashamed.

"I was never any good at this public speaking thing, you know,“ she continued.

Sonny feigned surprise. He had always wondered why someone so reserved had chosen to study law. "And yet here you are! Admit it, you enjoy the challenge,” he said, teasing her. They sat together in silence for the next hour, studying their notes. As the clock approached 11:00, their classmates filed in each taking their appropriate places. Sonny vacated his chair at the defense table for the defendant, Callum. Returning to the prosecution table he began to confer with Abigail, the victim.

 

**Fordham Law, Monday 27th April 2015 11.00**

Right on time, Professor Harvey breezed into the room. “Let’s get started folks! All rise.”

Everyone did as they were told.

"I would like to present our very special guest, currently an Assistant District Attorney in the Manhattan office, Judge Rafael Barba!“ Harvey motioned to the side door; it opened and in marched a fully robed Rafael Barba.

Barba took his seat at the judge’s table. "Thank you. Will you please be seated?”

Everyone sat, except Sonny who remained standing, his mouth slightly open, a rosy flush crept into his cheeks. He stared at Barba in disbelief.

"Am I dreaming?“ thought Sonny. This day just turned into a nightmare he’d had numerous times before. ”I’m going to embarrass myself in front of Rafael Barba.“ Ever since Sonny had met the dashing prosecutor, he had done everything to emulate the man. He had studied twice as hard and even tried to mirror the older man’s attire. Unfortunately, so far all he had earned for his efforts was Barba’s apparent contempt and snide remarks. Sonny did his best to make it look like none of Barba’s jabs bothered him, but deep down he was hurt by his disdain.

"Mr. Carisi, if you’d like to take a seat we can get started,” said Barba.

When he heard his name, Sonny snapped back to reality. He sank down into his chair, his face a delicate shade of crimson.

"Good morning, ladies and gentlemen. Today we will be hearing the case of the People vs. Callum Hayes. Are both sides ready?“

"We are, your Honor,” chimed Molly and Sonny.

"For the prosecution, we have Det…Mr. Sonny Carisi and for the defense?“

Molly stood nervously, looking at Sonny, as if to ask why does he know your name? "Molly Myles for the defense, your Honor.”

Barba nodded his acknowledgement and greeting. “Will the accused please stand?” Callum stood up, looking Barba directly in the eye. “Callum Hayes, you are charged with one count of rape in the first degree, how do you plead?”

"Not guilty, your Honor" Callum replied.

"So entered. The prosecution can proceed with opening arguments.“ Barba narrowed his piercing stare on Sonny, raising an eyebrow: show me what you can do.

Sonny slowly got to his feet, stumbling as he moved to the center of the room. Sonny began to stutter a bit as he began. "You are here today because on the fourth of February, the defendant, Callum Hayes entered the home of Abigail Austin and proceeded to rape her. He bound her hands and feet so she couldn’t struggle or escape. We have photographic evidence of the friction burns on her wrists and feet.” His speech became more fluid and his voice louder, spurred on by his anger at the vicious nature of the crime.

"We have DNA from Abigail’s sheets, from her thighs, her abdomen and her vagina that all match. But, the defense will argue that the sex was consensual, that Abigail willingly took part in these activities. The evidence suggests otherwise. You will see photographs of the marks he left on her body, scientific data proving that his DNA was on her, inside her. The state will prove to you, beyond a reasonable doubt, that the defendant, Callum Hayes, is guilty as charged of this heinous crime.“

"Thank you, Mr. Carisi for that thrilling opening statement.”

Rafael regretted his words almost as soon as they left his mouth. He might have been able to treat Carisi with some contempt in the squad room and his own office, but here, he needed to be professional and unbiased. Rafael felt honored that he had been asked to be a judge, even if it was only mock court. He had wanted to perform well today and he was already disappointing himself. Somehow Carisi had a way of pushing his buttons and Rafael wasn’t sure why, but the eager cop-turned-law-student really brought out his sarcastic side. Maybe it was because Rafael saw something of himself in the excitable, naive detective? Or maybe it was just because Carisi was inexperienced and overzealous. Whatever it way, Rafael reminded himself that he needed to control his tongue. Now was not the time to let his attitude affect his impartiality. He wanted to be successful, to make his abuelita proud. After all, she had always been the one person who had believed in him. Watching Carisi take his seat at the prosecution table looking a little deflated, Rafael wondered what effect behaviour was having on the young man.

Remembering that the attention of the class was focused on him now, Rafael realized he should move things forward. “Miss Myles, if you would, please.”

Molly gracefully took her place in front of Barba and the jury and began her speech.

“Your Honor, ladies and gentlemen of the jury. Under the law my client is presumed innocent until proven guilty. During this trial, you will hear no real evidence against my client. He has been wrongfully accused of raping his girlfriend Abigail Austin. The facts and evidence presented today will show that Callum Hayes is not guilty.

"Callum Hayes was born and brought up in New York City. He comes from a good home and has a well respected family. Today, however, you will learn that he is not perfect. He is indeed in a relationship with Abigail, and in the course of their relationship, they engaged in role playing and rough sex. Now this might not be to everyone’s taste but has always been consensual. So the question now is why would he need to rape her? The evidence will clearly show that Callum did not rape his girlfriend because he no reason to so.

"Now as you listen to the testimony, you hear the witnesses, it is going to be important that you do so very carefully. Throughout this entire trial, remember that the prosecution,” Molly turns and points at Sonny, “has the burden, they have the burden to prove beyond a reasonable doubt that my client, Callum Hayes, is guilty.”

As Molly took her seat, there was a lull in the room. Sonny knew what came next, but felt uncertain whether he should act on his own, or wait for instruction. He looked at Barba for direction.

"The prosecution may call its first witness,“ announced Barba, looking back at Sonny.

"The People call Abigail Austin,” Sonny nervously said, rising from his chair.

Harvey came forward. “Please stand. Raise your right hand. Do you swear that the testimony you shall give in the case before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?”

"I do,“ said Abigail

"Please state your name for the record,” said Sonny.

"Abigail Austin"

“And how old are you?”

"Twenty five.“

"Where do you live?”

"1192 Park Avenue.“

”This isn’t so hard,“ thought Sonny. His voice growing more steady and confident.

"I would like to direct your attention to the fourth of February at 9pm. Where were you at this time?”

"At home in my apartment.“

"What were you doing?”

"I had just finished dinner and was about to have a shower.“

"What happened next?”

"The door bell rang and Callum was at the door, so I let him in.“

"Why did you let him in?”

"Because he is,“ Abigail hesitated then corrected herself, "was my boyfriend, it wasn’t unusual for him to show up at my door in the evening.”

"Why did he come to your apartment today?“

"He came to my apartment to rape me!”

"Objection! Calls for speculation!“ Molly was on her feet.

Sonny looked at his witness, slightly irritated by her unplanned outburst. Barba sustained the objection and Sonny looked embarrassed but continued.

"What was different about this evening?” He glared at his witness thinking; don’t fuck this up for me!

"He was upset, angry. He’d been drinking.“

"What happened next?”

"I was going to take a shower, so I went to my bedroom. He followed me and started kissing me.“

"So, the defendant showed up at your apartment, drunk, he followed you into your bedroom and forced himself on you.”

"Objection, Your Honor, counsel is testifying!“ exclaimed Molly.

"Yes, he is.” Barba raises his eyebrow in Carisi’s direction. “Sustained.”

"Now, Abigail,“ said Sonny, using his words carefully. "I have to ask you to be very specific here, please tell us exactly what happened after you let the defendant into your apartment.”

Sonny glanced at Barba, who returned the look with nod of approval. Abigail took a deep breath and continued with her testimony.

"Callum came in and sat down in the living room, he had been drinking, I could smell it on his breath as he walked past me. I needed to take a shower and I told Callum what I was doing. I went into my bedroom and started undressing. The next thing I know, Callum is behind me grabbing my hips. I turned around and he kissed me, hard… rough. I tried to turn my head but I couldn’t move, he just held me tighter. I pushed against him and he pushed back and I fell onto my bed. I hit my head on my bedside table. I’m not sure what happened next exactly but suddenly he was on top of me. He pinned my arms above my head. Then he put his belt around my wrists and pulled them together. It was really tight.“

"Your Honor, I would like to direct the court to people’s exhibit one.” Sonny pulled out enlarged photos of Abigail’s inflamed blistered wrists. “These photographs were taken at Mount Sinai Hospital by the Medical Examiner.”

Sonny looked back at Abigail, allowing her continue with her testimony. “I couldn’t move. I tried to get him off me, but I just couldn’t move. I couldn’t breathe, and I felt sick every time I struggled against him. He leaned over to me and whispered, ”Isn’t this how you like it?“ He ripped off my t-shirt and pulled down my shorts and then he forced my legs apart. He had his knees on my thighs to keep them open.” By that time, Abigail was in tears. Sonny was impressed with her efforts to make her testimony authentic.

"People’s exhibit two: the bruises on Abigail’s thighs resulting from the pressure from defendant’s knees.“

Sonny waited for Abigail to compose herself. She continued, her voice quivering and hesitant.

"Then I could feel him, feel him pushing inside me, over and over. We’d had rough sex before, but never like this. I thought he was never going to stop. Then suddenly it did stop and I could move. He had taken the belt off my wrists. I lifted my head and saw Callum wiping himself with the t-shirt I had been wearing. It used to be his college t-shirt…he gave it to me because I really liked it.”

"Objection, relevance!“ Molly interjected.

"Sustained.” Barba could see that the frequent objections were throwing the detective off his stride.

"Abigail, just try to keep to the facts please,“ Sonny said, pleading with Abigail to work with him.

"Sorry.” Abigail felt genuinely apologetic. She liked Sonny, but had been instructed to play her part in a very specific way.

"That’s okay. Did the defendant say anything to you after this?“

"Yeah, he got dressed and as he was leaving, he looked kinda sad and he apologized. I didn’t know what to do, I just laid there. I couldn’t believe what had happened.”

"What did you do after this?“

"I wasn’t sure what to do. My wrists were hurting, they were red and blistered, my thighs were bruised, I was bleeding from… from there. I wiped the blood off and put some clothes on. I didn’t want my skin to get infected, so I went to the hospital.

"Where did you go, Abigail?”

"I walked to Mount Sinai, it’s just a few blocks from my house.“

"People’s exhibit three, your Honor: a report from the doctor detailing the vaginal tears sustained by Abigail following the assault.”

Sonny handed copies to the jury and Barba. Allowing them time to read and digest the information. Once he saw Barba look up, Sonny concluded his examination. “I have nothing further, your Honor.”

Sonny hurried back to the prosecution table, relief flooding his body. Thank God that’s over, he thought as he sank back into his seat.

Rafael had watched the younger man carefully during this direct examination. Not bad Carisi, he thought. You got there in the end, good witness prep, you told her story despite the rocky start. He had dealt with the objections relatively well, not allowing them to throw him completely off his stride. Let’s see what his opposition has to offer.

Barba nodded at Molly, signalling to her to begin cross-examination.

"Miss Austin, you claim that your boyfriend raped you. Can you think of any possible reason why he would do that?“ Molly asked.

Abigail’s voice wavered. "I… I don’t know why he had to do that, why he had to hurt me like that. I’ve never said no in the past.”

Molly interrupted her. “And it seems that you didn’t say no on the night in question either.”

"Objection, does the defense have an actual question?“ Sonny practically yelled, he was so excited by the chance to throw Molly off her stride.

"Counsellor, would you like to rephrase?” Barba was rather amused by Sonny’s exuberance.

Molly took a deep breath, frustrated at the objection. “At any time during this encounter did you say no?”

"He forced me to have sex. He tied my hands and pinned me down so I couldn’t move.“

"But you like it rough, don’t you Miss Austin? You’ve asked my client to tie you up in the past.”

"Yes but that was consensual. He never hurt me before.“

"Did you fight back? Did you scream? Did he threaten you?”

"No, but…"

Molly interrupted Abigail before she could get any further. “My client isn’t the only one you’ve had tie you up, isn’t that right?”

"What does that have to do with Callum raping me?“ said Abigail in an affronted tone.

"Your Honor, relevance?” Sonny cut in.

Molly is quick with her retort, “demonstrates pattern of behaviour.”

"I’ll allow.“ Barba settled the dispute.

"In fact,” Molly continued, as though there had not been an objection, “my client isn’t the only one you had sex with that night?“

"That’s not…” Abigail hesitated, aware that if she continues, she would perjure herself. “What’s that got to do with Callum raping me?”

"I have a sworn statement from David Hayes, my client’s father, saying the you have been having intercourse with him on a regular basis in exchange for a transfer of funds into your account.“

Sonny sat motionless, flabbergasted, at the prosecution table. Abigail caught his eye. She gives him a sympathetic look and a slight shrug.

"Tell the truth, Abigail!” Molly demanded, “You are only crying rape because David Hayes refused to continue paying you in exchange for sex. I have your bank account statements showing these monthly payments.”

Sonny looked at Molly completely bewildered. He doesn’t recall any bank statements in the evidence list. He glanced up at Barba questioningly. Can she even do this?

Barba stared straight back at him. Typical Carisi, dives in head first without considering the consequences or getting the whole story.

"Objection, this evidence was not supplied to the people your Honor.“ Sonny felt so completely lost, that even his objections had lost their enthusiasm.

"Actually, it was added to the evidence list this morning.” Molly smiled at Sonny smugly, handing Barba a copy of the bank statement. Sonny glared back at her, his mind screaming one word: Judas. Meanwhile, Barba reviewed the statements compared with the evidence list and finally affirmed their admission.

"The prosecution requests a brief recess, your Honor,“ said Sonny. He was desperately searching for an excuse; he needed time to think.

"Denied,” said Barba after a brief hesitation. Molly had pulled a rather sly stunt, but had done nothing wrong. He was rather disappointed by Carisi’s feeble arguments.

"We have nothing further, your Honor,“ Molly concluded.

"The witness is excused. I guess now is a good time to break for lunch. We will reconvene at 2pm for the defense’s witness.”

 

**Fordham Law, Monday 27th April 2015 13.00**

Sonny turned to Abigail and glared at her.

"Nicole, what gives?“ He demanded. Nicole was the real name of his classmate who was playing the party of Abigail Austin. "We went through everything, you never mentioned anything about an affair!”

"Sonny, I wasn’t allowed to say anything unless you asked some very specific questions,“ said Nicole apologetically. She looked rather forlorn; she was rather fond of the bubbly and friendly detective and had felt like she had somehow betrayed his trust. "Professor Harvey said we had to stick with what was on the cards.”

"It’s okay, it’s not your fault. I should have,“ he paused for a moment and sighed, "This isn’t how things were supposed to go.”

"Don’t worry, you can still cross examine the fuck out of 'Callum’.“ Nicole put her hand on his should and gave him an encouraging squeeze. "Come on, let’s grab some lunch and have a chat with Mr. Barba!”

Sonny gave a noncommittal grunt as she got up and wandered over to where Rafael was answering a barrage of questions. He continued to watch them absently and was startled as Molly dropped into the empty chair beside him.

"Here,“ she said and trusted a BLT at him. "I brought two.” She showed him the one she had brought for herself.

Sonny looked at her while she enjoyed her own sandwich. She was always taking care of him; bringing him food, reminding him about assignments. He sometimes wondered if there could have been something more between them. But she was engaged and that door was very firmly shut. He was very glad of her friendship and was not something he wished to lose.

They sat and ate in silence, watching their colleagues chattering merrily. Sonny noticed Barba get up and walk out of the room looking disgruntled, muttering something about the lack of suitable coffee for consumption.

They continued eating, occasionally speaking with a passing colleague, but not discussing the case. As the clock approached 2, everyone moved back towards their respective seats. At 1.45, Barba burst back into the room carrying 2 large cups of coffee. He walked around to Sonny, deposited one of the cups in front of Sonny and made his way back to the bench.

 

**Fordham Law, Monday 23rd March 2015 14.00**

"The Defense calls Callum Hayes.“

Professor Harvey walked forward again. "Please stand. Raise your right hand. Do you swear that the testimony you shall give in the case before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?”

"I do,“ swore Callum.

"Can you tell me where you were on the night of February fourth?” Molly began her direct examination.

"I had finished work and had gone out for a beer with my work mates. Afterwards I went to Abi’s apartment at around 9pm. It’s something I do often. We don’t always plan these things in advance.“

"What happened when you got to her apartment?”

"I knocked on the door and she let me in. I had a bottle of Bailey’s, Abs enjoys that, I thought we could share it. She said she was going for a shower. Then she went to her room, she left the door open. I thought…we’ve had sex in the shower before, I thought it was an invitation. I mean, she left the door open, what was I supposed to think?“

"Objection!” Sonny stood up, almost knocking over his chair, rather desperate to interrupt Callum’s testimony.

Exasperated, Molly scowled at Sonny, her head tilted to the side. “What the fuck are you doing?” She thought.

"And on exactly what grounds are you objecting, Mr. Carisi?“ asked Barba.

Tiny beads of sweat started to adorn Sonny’s forehead and he was flushed. He hadn’t really thought this through. His mind reeled, automatically rattling off a list of objections he had learnt. Unable to find a suitable objection, Sonny made one last ditch attempt to redeem himself. "His testimony is prejudicial?”

"Hardly" said Barba with his usual look of disdain.

Sonny sat back down. Way to go Sonny, he definitely thinks you are a moron now!

"What happened next?“ Molly continued, as if there hadn’t been an objection.

"We had sex okay? Abigail and I have role played before, it wasn’t anything unusual.” Callum became angry and slightly agitated. “We had sex. I tied her hands exactly like we’ve done before. It may have been tighter than I intended, but she didn’t tell me to stop!” he insisted.

"So what you are saying is that you went to Abigail’s apartment and had consensual sex?“

"Well she never said no!”

"What happened after this?“

"We had sex, that was it, I had to work the next day and it was late, so I went home.” Callum shrugged.

"Your witness.“ Molly turned and smiled smugly at Sonny.

Sonny rose from his table, took a deep breath and approached the defendant, determined to salvage the situation.

"You claim that you and Abigail had consensual sex, but how do you explain the injuries she sustained?”

"Like I said before, Abs likes it rough,“ said Callum cockily.

Sonny slammed images of Abigail’s lacerations and abrasions under Callum nose. "Are you saying that she wanted this?” Sonny kept telling himself that this wasn’t real, but the photos were real. This had happened to someone, someone real. Sonny’s anger had turned into a quiet disgust. “Did she say no, Mr. Hayes?” He said coldly.

Surprised by Sonny’s sudden change in tone, Callum replied without his usual arrogance, “she didn’t say no.”

"Consent means the presence of a yes not the absence of a no!“

"Does counsel have an actual question?” Molly interjected.

"Did you know that Abigail was having an affair with your father?“

"No, I didn’t know. I only found out after the trial started.”

"So how did your lawyer know to look at Abigail’s bank records?“

"I don’t know! My father must have told her!”

"Are you sure you didn’t already know about their affair? Is that why you raped her?“

"Ask my lawyer, Miss Myles, tell them! Tell them you didn’t get those bank statements from me!”

"Your Honor!“ Sonny exclaimed, throwing his hands up in the air.

"Counsel approach” said Barba. Sonny and Molly obeyed. “Miss Myles, how did you obtain this evidence?”

"I have a sworn statement from my client’s father stating his activities and the payments that were made to Miss Austin. He is ready and available for cross examination,“ said Molly smugly.

"Do you think that will be necessary Mr. Carisi? Asked Barba and raised an eyebrow at Sonny.

"The prosecution requests a recess.”

"You know the rules Mr. Carisi,“ said Barba apologetically, "I’m afraid I can’t allow that.”

"Then we accept the defendant's written testimony for the record.“

"You may step back.” Said Barba. He allowed Sonny and Molly to return to their seats before he raised his voice to address the court. “Please enter the Defendant’s Father’s statement on the record. Does the prosecution have any further questions?”

"No your Honor" said Sonny, looking subdued.

"In that case, the witness is excused.“

 

**Fordham Law, Monday 27th April 2015 15.30**

"Are you ready with final arguments?” Barba asked.

"Yes, Your Honor,“ Sonny and Molly both said in unison.

Sonny stood, determined to make a lasting impact on the jury.

"Ladies and gentleman, I’d like to thank you for your attention. Today we are here to discuss the difference between consensual sex and rape. There is a saying that actions speak louder than words. Today, we ask you to judge the defendant, Callum Hayes by his actions, by what he did that night, not by what he said today in this courtroom. His claims today do not match his actions on the day in question. We are a nation with laws, laws that everyone of us must follow.

"We are all accountable for our choices, our actions. We don’t always like being held accountable and don’t always admit to what we have done, but we have to face the consequences of our own actions. Every single one of us.

"The defense has fundamentally put the victim on trial here, implying that she is sexually promiscuous, that she enjoyed rough sex, but that does not justify or excuse rape. We are all entitled to the protection of the law. Including the victim, Abigail. You can see from the hospital photos the damage that was inflicted; no one deserves that. Maybe she hasn’t made choices that you would agree with or even condone, but that does not give the defendant the right to sexually assault her.

"The law says that I must prove beyond a reasonable doubt that on the fourth of February 2015, the defendant entered the home of Abigail Austin and forcibly had sexual intercourse with her. It doesn’t matter what his motive was, just that the assault occurred base on the evidence. That is that happened and that is why I would ask you to find him accountable for what he did. And that is rape in the first degree. Thank you.”

As Sonny returned to his seat he passed Molly, they smiled at each other; their competition had reverted back to their old camaraderie.

"Your Honor, ladies and gentlemen of the jury. It’s been a long day, so I will not ask for much more of your time on this case. I would however like to point out that Mr. Carisi’s argument is flawed. He was not present on the night in question, neither was the judge or any of the twelve of you present to witness this alleged assault. The only people who were present and know what actually happened are my client, Callum Hayes and his girlfriend, Abigail Austin. Now we have testimony, not only from Callum, but from several other partners who will confirm that Abigail indeed liked to engage in rough intercourse and will testify to her promiscuity.

"My client faces a serious offense. He is charged with a violent crime. However, the prosecution has not fulfilled their responsibility to prove beyond a reasonable doubt that Callum Hayes is guilty. They are unable to find a witness to corroborate Abigail’s claims and the evidence they have supplied does not outright prove the absence of consent. Hold the state to its burden. A conviction in this case would be a travesty. Do the right thing, find my client not guilty.“

 

**Fordham Law, Monday 27th April 2015 17.00**

Barba turned his attention to the jury. "Will the jury foreperson please stand? Has the jury reached a unanimous verdict?”

"We have, your Honor.“

Professor Harvey took the piece of paper with the written verdict and looked at it, without any change in his expression, he handed the paper over to Barba.

Sonny felt like he was watching it play out in slow motion, he felt droplets of perspiration dripping from the back of his neck, his heart pounding against his chest. He clenched his fists, how long did it take to read one little phrase? He looked at Barba’s face, but Barba is the master of impassivity and gave Sonny no indication of the verdict. Finally he said "what say you?”

"We the jury, on the count of rape in the first degree, find the defendant Callum Hayes, not guilty.“

Sonny sat motionless in his chair, staring at the jury but not really seeing them. He had felt so sure of himself, he’d seen Barba breeze through cases just like this one. This case should have been a slam-dunk, I work for SVU, I know my theory back to front, I am better than most of the people in this class.

"The defendant is free to go,” said Barba. He looked at the young detective. Carisi needs to slow down, check his facts more thoroughly. He has good instincts but his exuberance is going to be his downfall, thought Barba. “The jury is thanked and excused. Court is adjourned.”

There was silence in the room. Professor Harvey stepped forward and started clapping, while the rest of the class follow suit.

"Right kids, that’s enough for today, let’s thank our judge for giving up his time. I will see you all again at the end of the week so we can discuss today’s events in further detail. Your assignment is to make thorough notes because I want an opinion from each of you!“

 

**Fordham Law, Monday 27th April 2015 18.30**

Rafael put on his cream coat, catching a glimpse of himself in reflective surface of a window. I really wish Carisi would stop trying to emulate me, he thought to himself as he remembered that Sonny had something extremely similar. He felt his pockets, searching for his phone; he had turned it off at the start of mock court. Heaven only knew how many messages there would be that would require his attention. He felt panic slowly rising, as each place he patted did not reveal the presence of his trusty blackberry. Then it hit him, a mental image of his phone lying on the judge’s desk popped into his mind.

Barba ventured into the classroom in search of his phone, which was lying untouched on the judge’s table. He grabbed it and scrolled through the annoyingly long list of unread messages. Can’t anyone do anything without my help?

His train of thought was broken by a creaking sound, Barba noticed a dejected looking Sonny sitting alone at the back of the room reading a law book. He hasn’t heard Barba come in. Sonny was, lost in deep thought. Barba considered leaving but he took pity on the clearly crestfallen Carisi. He cleared his throat, causing Sonny to startle.

Barba walked over to him and sits on a nearby desk. "You did a good job today.”

Sonny’s face flushed. “No I didn’t, I could have won. I should have won.”

"SVU, it’s the only unit where the victim’s word isn’t good enough. You still have a lot to learn Carisi, this was just a step in the right direction,“ placated Barba.

Sonny mumbled something under his breath, which to Barba, sounded suspiciously like "you would have won.”

"Prosecuting these cases aren’t about winning Carisi, it’s your job to speak for the victim, you should know that by now,“ Barba said as he pushed himself off the desk. Barba turned and walked across the classroom, leaving Sonny feeling slightly ashamed.

Half way across the floor he looked back at Sonny and smirked, "And yes, I would have won,” before he waltzed out of the door.


End file.
